A Fishy Default

Law360, New York (February 03, 2012, 4:44 PM ET) -- Washington State is considering whether to adopt the highest default fish consumption rate in the country, a decision that would significantly impact regulatory standards and cleanup costs for years to come. But Washington has yet to undertake the type of examination necessary to understand the rate of actual fish consumption within the state, let alone set a defensible default value.

Washington’s Department of Ecology (DOE) recently recommended a default consumption rate within the range of 150 to 275 grams — roughly 5 to 10 ounces —...
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